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WITHOUT BEING THE RECIPIENT OF THE PENSION, THE DEBTOR WILL NOT BE ABLE TO EXCLUDE IT FROM THE BANKRUPTCY ESTATE

The debtor applied to the court with an application for the financial manager's obligation to provide monthly subsistence allowance and alimony expenses in cash (case no. A56-78752/15). The courts of two instances excluded the cost of living from the bankruptcy estate at the expense of funds received by the debtor from the amount of the state disability pension monthly until the end of bankruptcy proceedings in the event of receipt of these funds in the bankruptcy estate. The rest of the application was refused. The cassation partially annulled the acts ...

SUSPICIOUS PAYMENTS BY THE DEBTOR DURING THE BANKRUPTCY PERIOD MAY INDICATE BAD FAITH

... deliberate (fictitious) bankruptcy of the debtor were not identified, the circumstances indicating the abuse of the debtor's rights and other deliberately unfair behavior to the detriment of creditors were not established during the consideration of the debtor's bankruptcy case. The cassation sent the dispute for a new review, noting that payments in favor of third parties were made by the debtor both after the court accepted the bankruptcy application for its production, and after the introduction of the procedure ...

THE QUESTION OF WHETHER THE DEBTOR HAS THE STATUS OF A SERVICEMAN IS IMPORTANT IN BANKRUPTCY

The bank applied to the court to declare the citizen bankrupt (case no. A42-2100/23). The courts of two instances recognized the application as justified, after which the debtor's ex-wife appealed to the court with a cassation complaint against judicial acts. The district court sent the case for reconsideration and noted the following: • The Bank and the person not involved in the case, Rosvoenipoteka, do not deny that ...

REASONABLE OBJECTIONS OF THE COMPANY'S MANAGEMENT EXCLUDE BANKRUPTCY OF THE ABSENT DEBTOR

The tax service appealed to the court with an application for declaring the company bankrupt (case No. A41-45707/23). The courts of two instances introduced bankruptcy proceedings against the debtor under the simplified procedure of the absent debtor due to the inability to establish the location of the debtor, his property, to obtain information about the availability of funds belonging to him and other valuables held in accounts, in deposits ...

If the debtor has no income, it is impossible to exclude funds from the bankruptcy estate for the maintenance of dependents

... as the district court established and follows from the debtor's own explanations, in September and October 2023, as well as in January and February 2024, the debtor did not receive wages. Thus, during these periods there was no income coming into the bankruptcy estate of the debtor. Accordingly, under such circumstances, monthly payments could not be made by the financial manager.

A PRIVATE SECURITY COMPANY INITIATED ITS BANKRUPTCY DUE TO A DEBT OF 30 MILLION

... December 15, ICM LLC filed a corresponding application. Previously, the company acted as the legal successor of Alfa-Trade, which was in litigation with the private security company Borey (case no.A50-6957/2022). Another application for entry into the bankruptcy process of a private security organization was submitted by a former employee of this organization, Svetlana Badrutdinova. She went to court on November 15, 2023, pointing out that the private security company Borey had a salary debt of 420 thousand rubles. The plaintiff indicated that the organization had not paid the debt for seven months (from January 10 to July 10, 2023), confirmed by a court order dated October 2, 2023 (No. 2-3380/8-2023). In total, according to bailiffs,...

THE MAIN PRINCIPLE OF THE BANKRUPTCY PROCEDURE IS TO MAINTAIN A BALANCE BETWEEN THE INTERESTS OF THE DEBTOR AND CREDITORS

... adopted judicial acts, as a result of which it appealed to the district court with a cassation appeal. Two instances released the debtor from fulfilling obligations and completed the procedure for the sale of property. The Court of Cassation did not share ... ... collateral creditor in almost full. A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation

AU ASSOCIATIONS ARE THREATENED WITH BANKRUPTCY DUE TO A DEBT OF 26.1 MILLION

... Nikolaev, the bankruptcy trustee of the Intarsia company, appeared on the Fedresurs website. In it, he stated that he intends to seek bankruptcy through arbitration of the Association of Arbitration managers (AAU) "Orion". The basis was a debt of 26.1 million rubles. The lawsuit between Nikolaev and AAU "Orion" began in November 2021. The bankruptcy trustee appealed to arbitration, demanding to recover from the organization 38.2 million rubles of compensation for losses caused to Intarsia by the inaction of its former manager Maxim Chizhov. Chizhov has been a member of AAU Orion since ...

THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

... were made without taking into account the fact that the debtor was declared bankrupt under the simplified procedure of the absent debtor. At the same time, the court of first instance came to the correct conclusion that in the actual absence of the debtor's property, the obligation to pay the remuneration of the arbitration manager and the costs of the bankruptcy case is assigned to the applicant in the case, in this case - to the Federal Tax Service. Photo: Freepik

THE CO-OWNER OF ROSINTERBANK IS ON THE VERGE OF BANKRUPTCY DUE TO A DEBT OF 65.84 BILLION

... was he who destroyed the computer servers in which electronic documentation was stored. Former heads of the organization said that this could have happened during the transfer of data to the new office. As a result, the bank itself, which went through bankruptcy proceedings from November 2016 to June 2022, satisfied the creditors' claims in the amount of 29.2 billion rubles. At the same time, more than 40 billion rubles of debt obligations remained unpaid. The DIA State Corporation managed to bring Zakerov to subsidiary responsibility in August 2022. The amount of its debt is 65.84 billion. In addition, Zakerov owed lawyer Farida Sibgatullova about 1.9 billion. Photo: ...

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